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CUMMINGS CONSTR. v. SCHOOL DIST. NO. 9

242 Or. 106 (1965)

408 P.2d 80

CUMMINGS CONSTRUCTION COMPANY ET AL v. SCHOOL DISTRICT NO. 9, COOS COUNTY ET AL

Supreme Court of Oregon.

Reversed with instructions November 24, 1965.

Attorney(s) appearing for the Case

Hugh L. Barzee, Portland, argued the cause for appellants. On the briefs were Barzee, Leedy & Tassock, Portland, and Flaxel, Todd & Flaxel, North Bend.

J.B. Bedingfield, Coos Bay, argued the cause for respondents. On the brief were Bedingfield, Grant & Bedingfield, Coos Bay.

Before McALLISTER, Chief Justice, and PERRY, DENECKE, LUSK and SCHWAB, Justices.

REVERSED WITH INSTRUCTIONS.

PERRY, J.

This is an action for a declaratory judgment (ORS 28.010 to ORS 28.160) construing the provisions of ORS ch 332, particularly ORS 332.285. The trial court construed these provisions in favor of defendants and entered a judgment to that effect. Plaintiffs have appealed.

The facts disclose that defendant, School District No. 9, Coos County, Oregon, is a school district of...

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